Ministerial Responsibilities of the Welsh Government. May 2011

Transcription

1 Ministerial Responsibilities of the Welsh Government May

2 Introduction 1. The following is an indicative guide to the responsibilities of Ministers and the matters for which they are accountable. It also gives an indication of related matters which are not devolved, ie those for which the UK Government remains responsible in Wales. 2. Where a matter is shown as falling within the responsibility of a named Minister, questions on it should be directed accordingly. 3. Some Ministers also have cross-cutting responsibilities; these are also shown in the attached. Questions on such issues can be directed to the Minister concerned, but only if the questions are genuinely cross-cutting, that is they raise issues which have a direct impact on more than one policy area or portfolio. Questions on a single policy area which also fall within a cross-cutting issue should be directed to the Minister responsible for the former, not the latter. In conclusion, it is of course for the Table Office to rule on the admissibility of questions, not any part of the Welsh Government. 2

3 The First Minister The First Minister will answer general and specific questions on the following topics, as well as on any matter falling within the responsibility of another Welsh Minister: Exercise of functions by the Welsh Government; Strategic and corporate planning in the Welsh Government; The legislative programme; The First Minister s Delivery Unit; Policy development and coordination of policy; Relationships with the rest of the United Kingdom, Europe, Internationally and Wales Abroad; All Welsh Government international offices and presence abroad; The strategic direction on EU policy matters, including attendance at JMC(E); Freedom of Information (including the access to Public Records and the National Archive for Wales); Overall responsibility for Openness in Government; Civil Contingencies; Oversight of Welsh Government relationships with the Wales Audit Office; The work of the Economic Research Advisory Panel; Major energy facilities and infrastructure, devolution in energy matters, steel and coal; Major events; Overall strategic responsibility for communications; Staffing/Civil Service including the terms and conditions of Special Advisers and Welsh Government civil servants but not members of the Senior Civil Service; Overall responsibility for public appointments (i.e. ensuring that public appointments made by the Welsh Government are made in accordance with the Commissioner for Public Appointments' Code). Other Ministers will be responsible for public appointments issues within their portfolio area; The Ministerial Code. 3

4 The Minister for Business, Enterprise, Technology and Science The provision of support and advice to assist the establishment, growth, modernisation or development of business in Wales; Finance Wales; The promotion of Wales as a location for business and investment; The promotion of Welsh exports; Property issues: provision of sites, premises, services and facilities for business; Bringing derelict land in Wales into use or improving its appearance; Environmental improvements in relation to industrial and commercial developments; Entrepreneurship, enterprise and business information; Economic sector panels; Social enterprise and the social economy; Tourism in and to Wales, including the marketing and promotion of Wales as a tourist destination and regulation of the tourism industry; Business rates policy; Science: development of science policy, including day to day liaison with the Chief Scientific Officer; National Science Academy; Innovation: research & development, knowledge transfer and commercialisation; Maximising UK and European research and innovation income; Research Centres of Excellence; Technium network; Digital Wales: co-ordination of the cross-cutting ICT strategy; Broadband and ICT infrastructure; High Performance Computing for Wales project; A4B programme; Software Alliance. 4

5 The Deputy Minister for Agriculture, Food, Fisheries and European Programmes Developing agri-food sector, associated supply chains and promotion of food from Wales; The provision of support to farmers in Wales, including the administration of the Common Agricultural Policy and provision of assistance for conversion to organic production and for diversification of farm activities; The promotion of agri-environmental schemes in Wales and provision of associated support; The delivery via the Rural Development Plan of measures to support the competitiveness of agriculture and forestry, improve the environment and countryside, including agri-environment, organic and woodland activities and to enhance the social and economic well being of rural communities; The management of fishery harbours, but not harbours used for other purposes (in respect of which the Welsh Government has no devolved responsibility); Inland, coastal and sea fisheries: policy regulation and enforcement, including Common Fisheries Policy; Policy on and administration of European Union structural funds, related programmes and CAP. 1 For these purposes, Welsh waters means the sea around Wales within 12 nautical miles of the Welsh coast, except in the Bristol Channel and Dee Estuary, where Welsh waters are delimited by a line midway between the Welsh and English coasts. See Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) Lead Ministers retain responsibility for those functions allocated to Deputy Ministers for the purposes of representing those issues in Cabinet. For all other purposes, Deputy Ministers deliver those responsibilities on a day to day basis including answering AQs. 5

6 The Minister for the Environment and Sustainable Development Cross-cutting responsibility for sustainable development; Cross-cutting measures of mitigation and adaptation in relation to climate change; Land drainage, flood prevention and coastal protection; The control of air pollution in Wales (except vehicle emissions); Control of marine pollution in Welsh waters; Marine, terrestrial and freshwater biodiversity and nature conservation; The control of water quality and safeguarding of water resources in Wales, including regulation of drinking water quality, and the taking of special measures in time of drought; The oversight of the Dŵr Cymru and Dee Valley water companies, including their activities of those parts of their operational areas in England (ie parts of Herefordshire and Cheshire); The construction or enlargement of reservoirs, and the undertaking of ancillary works, in Wales by any person or corporation; Waste management in Wales including: implementation and review of the Wales waste strategy; regulation of local authority responsibilities for managing municipal waste; regulation of waste management, including European Union, UK and National Assembly for Wales legislation; support for sustainable resource management; contaminated land; Energy policy, small-medium scale energy production, domestic energy, energy efficiency including the provision of grants to aid energy efficiency and reduce fuel poverty; National Parks; All activities of the Countryside Council for Wales and the Environment Agency; Access to the countryside, including coastal access, rights of way and common land; Forestry and the activities of the Forestry Commission in Wales; Animal health and the welfare of livestock (including poultry, companion animals, equines, and bees); Responding to reports or outbreaks of notifiable animal diseases in Wales or elsewhere in Great Britain, which impacts on Wales (e.g. foot and mouth, avian influenza, Bovine Spongiform Encephalopathy (BSE), scrapie in sheep and bovine TB); The artificial insemination of livestock, including poultry, companion animals, equines, and bees; The importation of livestock, including poultry, and bees, and the importation of dangerous animals other than for agricultural purposes; The protection of wildlife in Wales, except the prescription of firearms to be used for the culling of certain wild animals (not devolved); The licensing of zoos by local authorities; 6

7 The control of pests, weeds and vermin; The regulation of slaughterhouses in Wales; The regulation of plant health, seeds and pesticides in Wales, and the control of plant diseases; Assess with other UK competent authorities all Part C applications seeking approval for the uses of Genetically Modified (GM) crops in cultivation and importation in the European Union and the licensing of any GM crop trials in Wales; The power to require provision of information about crop prices; All aspects of planning policy, including the issue of statutory guidance to local authorities; Determination of planning disputes and appeals; Planning gain Section 106 Agreements and Community Infrastructure Levy contained in the Town and Country Planning Act 1990 and Planning Act 2008 respectively; Building Regulations (The exemption of certain classes of building from Building Regulations, and the determination of appeals on matters relating to them); Strategic lead on allotments. 1 For these purposes, Welsh waters means the sea around Wales within 12 nautical miles of the Welsh coast, except in the Bristol Channel and Dee Estuary, where Welsh waters are delimited by a line midway between the Welsh and English coasts. See Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) 7

8 Minister for Housing, Regeneration and Heritage The housing and housing-related activities of local authorities and housing associations, including housing management and the allocation of social and affordable housing; Homelessness and housing advice; Regulation of registered social landlords; Matters relating to housing provided by the private rented sector; Support for private sector housing renewal; Aids and adaptations, including Disabled Facilities Grants and Physical Adaptation Grants; The provision of housing-related support (but not the payment of Housing Benefit); Matters relating to the supply of market and affordable housing to meet need (but not planning policy or Building Regulations); Quality of social and affordable housing; Strategic Regeneration Areas and legacy regeneration; Provision of sites and premises, derelict land and environmental improvements relating to regeneration; Physical Regeneration Fund; The regulation of commercial tenancies let by local authorities; Groundwork Wales; Coalfields Regeneration Trust; Protection (including designation) of ancient monuments and historic buildings in Wales, and related matters, and their promotion as visitor attractions; Conserving and protecting the historic environment of Wales and promotion of heritage-led regeneration; Promoting access to and community engagement with Welsh heritage and the historic environment; Sponsorship of the Royal Commission on Ancient Monuments and support for the Welsh Archaeological Trusts; National strategy and policy for culture in Wales; Sponsorship of the Arts Council of Wales, including appointments of Chair and members; Sponsorship of the Sports Council for Wales, including appointments of the Chair and members; Sponsorship of Amgueddfa Cymru National Museum Wales and the National Library of Wales, including appointments of the President and members; 8

9 Lead responsibility for Welsh Government funding of the Wales Millennium Centre; National strategy and policy for sport, physical activity and active recreation in Wales; National Free Swimming initiative; Government Indemnity Scheme and the Acceptance in Lieu of Inheritance Tax Scheme; Non-national museums, public libraries and archives policy; Policy on broadcasting; Sponsorship of the Welsh Books Council; Issues surrounding the distribution of Lottery funding within Wales by the Big Lottery Fund, National Heritage Memorial Fund and Heritage Lottery Fund, Arts Council of Wales and Sports Council for Wales (allocation of funding between good causes and between countries remains the responsibility of the UK Government); National Botanic Garden of Wales. 9

10 The Minister for Finance and Leader of the House The Finance portfolio includes the following. NB it does not cover policy or financial matters which fall solely within another portfolio: Responsibility for managing the business of the Welsh Government in line with standing orders; Providing strategic financial direction and management of the resources of the Welsh Government; Putting in place sufficient and appropriate systems to allocate funding receipts between budgets for the next financial year in line with the requirements of the Government of Wales Act 2006 and Assembly Standing Orders; Publishing and consulting on the Welsh Government s budget proposals; General oversight of financial accounting and audit; Making most effective use of the Welsh Government s budget through rigorous in year budget monitoring and management; Operation of the devolved funding settlement and the Statement of Funding; Oversight of the Private Finance Initiative (PFI), but not priorities or policy decisions regarding PFI projects within another Minister s portfolio; Matters affecting Welsh Government Sponsored Bodies (WGSBs) collectively and in general, but not matters relating to specific WGSBs, which remain the responsibility of their respective Ministers; Ensuring value for money and effectiveness of spend across the Welsh Government s budget through continual challenge and development of underpinning systems on evidence and evaluation; The Location Strategy and the co-ordination of acquisition, maintenance and disposal of property and other assets used by the Welsh Government in the exercise of its functions; The co-ordination of National Statistics and the maintenance and development of the coordinating structure under the National Statistics Framework. (For other Welsh Ministers their role covers statistical activity in relation to their portfolio responsibilities); The content or conduct of the Census in Wales; Equality and equal opportunities (to include: gender issues, equal pay, race relations and equality, disability (including sensory deprivation), sexual orientation and the mainstreaming of equality, Digital Inclusion (including Communities 2.0), British Sign Language, Braille and all minority ethnic languages in Wales). Non devolved issues relating to asylum, immigration, migrant workers and community cohesion, except counter terrorism measures; Co-ordination of issues relating to gypsies and travellers, except where they relate 10

11 specifically to other portfolios e.g. education policy; 11

12 The Minister for Local Government and Communities The council tax rating system in Wales; Council Tax capping policy for local and police authorities; The unhypothecated funding of local authorities and police authorities in Wales through the local government revenue and capital settlements (although capital funding of police is a Home Office matter); Capital financing and accounting issues relating to local authorities including residual Private Finance Initiative approvals (responsibility for a police authority rests with the Home Office); Sponsorship of the Valuation Office Agency and the Valuation Tribunal Service; Local Government equal pay and Single Status Pay issues; Emergency financial assistance (formerly the Bellwin Scheme) to local authorities; The Local Government Partnership Council and relations between the Welsh Government and local government generally; The implementation of Wales Programme for Improvement (best value) by local authorities in Wales; Local authority performance and their accountability for it; Local strategic planning by local authorities and their local partners (NB not land use planning); Charging for, and trading in, non-statutory services by local government; The oversight and direction of local authorities in Wales and liaison with police authorities; The implementation of best value by local authorities in Wales; Councillors allowances and standards of conduct; Public admission to local authority meetings; The regulation of burial grounds and crematoria by local authorities in Wales; Confirmation of byelaws made by local authorities in Wales; Timing of local elections; NB for the purposes of the Minister s responsibilities above, the following are local authorities : County councils and county borough councils; Fire and rescue authorities Community or town councils; Cross cutting responsibility for the strategic approach to the delivery of public services including performance, collaboration and citizen focus; Overall co-ordination of programmes of measures to improve the performance of public services; 12

13 Oversight of regulation, audit and inspection as they relate to public service improvement; Taking forward the action to improve local service delivery; The Wales Spatial Plan; Communities First (including the Communities Facilities and Activities Programme); Cross cutting responsibility for Anti-Poverty initiatives; Financial inclusion, including credit unions; the Voluntary Sector and Volunteering; Community Safety, relations with the Police and other Criminal Justice Agencies, including counter-terrorism issues; Youth Justice; Drug and alcohol misuse (including the delivery of the substance misuse strategy); Domestic violence; The Fire and Rescue Services including community fire safety; Lead responsibility for monitoring Post Office and Royal Mail matters in Wales; Liaison point for the Armed Forces in Wales and Veterans (responsibility for the provision of services such as health and education etc rest with the relevant portfolio Minister); Transport policy, including the development of an integrated transport system in Wales; Road Safety including provision of safer routes to Schools and transport for children and young people; Regulation of pedestrian crossings in Wales; Regulation of on-street parking in Wales; Road transport, including construction, improvement and maintenance of trunk roads in Wales, except those parts of the Second Severn Crossing and the approaches thereto which are situated in Wales (not devolved) (NB roads other than trunk roads are the responsibility of local authorities); Delivery of passenger rail services through the Wales and Borders franchise; Funding and administration of programmes to local authorities and other bodies designed to deliver a range of transport schemes and services; Promotion and development of cycling. 13

14 The Minister for Health and Social Services All aspects of the National Health Service (NHS) in Wales, including contracts with the primary care contractor professionals, other than (i) oversight of the medical professions; (ii) policy on surrogacy, xenotransplantation, embryology and human genetics; and (iii) licensing of medicines (these matters are not devolved); Charges for NHS services, including prescription, dental and ophthalmic and optical charges; The provision of services in Wales to the mentally ill; All aspects of public health and health protection in Wales, including food safety and the fluoridation of drinking water; The activities of the Food Standards Agency in Wales; The regulation of poisons; Genetically-modified food (but not the cultivation of genetically-modified crops - this is for the Minister for Environment and Sustainable Development); Receiving and responding to reports from, the Health Care Inspectorate for Wales; directing specific inspections when required; Oversight of the Wales Audit Office`s activities so far as relating to the National Health Service in Wales; Oversight of the Wales Centre for Health; Research and Development in health and social care; Post-graduate medical education; The inspection and enforcement of the Medicine Act 1968 in Wales; Responsibility for the Prison Service health service, other than private contracts; 14

15 Deputy Minister for Children and Social Services Policy on care in the community; Policy on the provision of social services for children and its oversight; Adoption and fostering services in Wales, but not adoption of children by UK residents abroad; Oversight of all other social services activities of local authorities in Wales including the issuing of statutory guidance; Oversight of the Care Council for Wales (which is an Welsh Government Sponsored Body (WGSB)); Regulation of residential, domiciliary, adult placements, foster care, under 8`s care provision and private healthcare in Wales; Receiving and responding to reports from, the Care and Social Services Inspectorate for Wales; directing specific inspections when required; Inspection of, and reporting on, the provision of social services by local authorities in Wales (via the Care and Social Services Inspectorate for Wales), including joint reviews of social services; Cross cutting responsibility for health improvement and older people and carers; The Older People s Commissioner for Wales; Children s Commissioner for Wales; The Children and Family Court Advisory Support Service (CAFCASS); Parenting programmes; Play policy; Supervised Child Contact Centres; Child Poverty, including co-ordination of cross-government matters relating to Child Poverty; Families First; Cymorth funding; Children and Young People s Partnerships and Planning and information sharing under the Children Act 2004; Childcare; Flying Start Initiative for children 0-3; Child Trust Funds; Disabled Children Matter Wales campaign; 15

16 Children s and young people s Rights and Entitlements; UN Convention on the Rights of the Child. Lead Ministers retain responsibility for those functions allocated to Deputy Ministers for the purposes of representing those issues in Cabinet. For all other purposes, Deputy Ministers deliver those responsibilities on a day to day basis including answering AQs. 16

17 The Minister for Education and Skills Welfare Reform; Control of fees charged to students by higher education institutions in Wales and associated bursary arrangements; Student and learner support, including policy on higher education tuition fees and bursaries; For our Future strategy and action plan for Higher Education in Wales; Widening participation in higher education; Higher education policy and funding, including sponsorship of the Higher Education Funding Council; GO Wales; Revenue funding of 6 th forms, FE colleges, adult community learning and work based learning providers through the National Planning and Funding System; Capital funding for post-16 providers; Inclusion in schools with particular reference to looked after children, refugees and asylum seeker children, ethnic minorities, pupils who are carers, young parents, traveller children, gay/bisexual/transgender pupils; The School Effectiveness Framework; Standards of attainment by pupils in schools including Programme for International Student Assessment (PISA); Support for school improvement, in particular through the Better Schools Fund and Raising Attainment and Individual Standards in Education in Wales (RAISE) grant; Safeguarding children in education settings; Provision of food and drink in schools; School uniform; Early years education; Personal and social education including Education for Sustainable Development and Global Citizenship; School attendance, exclusions; Pupil behaviour, including bullying; Additional learning needs, including needs of pupils with severe, complex and/or specific learning difficulties, disabled pupils, able and talented pupils; Revenue funding of schools; 17

18 School governance, organisation, admissions; Complaints against Local Education Authorities and school governing bodies; Information Communications Technology in schools; Welsh immersion and linguistic continuity in schools; Commissioning Welsh-medium and bilingual classroom materials (print-based and electronic); Supporting the development of Welsh-medium qualification; Welsh medium and bilingual education; Welsh Medium Education Strategy; Welsh for Adults; Welsh language including overseeing and co-ordinating general Welsh language policy. (Other Ministers are responsible for Welsh language issues within their policy areas); Ministerial functions emanating from the Welsh Language Act 1993; Sponsorship of Bwrdd yr Iaith Gymraeg/Welsh Language Board, including appointments of the Chair and Board Members. Estyn work programme remit; Foundation Phase curriculum and assessment; 5-14 school curriculum and assessment arrangements; curriculum and qualifications (including GCSE and GCE A/AS levels); The Welsh Baccalaureate Qualification; Statutory regulation of all qualifications (outside Higher Education), including the impact of the Disability Discrimination Act (DDA) on external qualifications; The statutory approval of qualifications used in Wales; Education and training research; The design and implementation of the National Planning and Funding System and the deployment of strategic investment in the post-16 sector; Employability and careers advice including sponsorship of Careers Wales; Development and implementation of Learning Pathways; Extending Entitlement for people aged years; Policy on youth work; The promotion of Wales as an excellent place in which to teach as well as to learn; Initial teacher training; 18

19 Education workforce development, including leadership training and continuing professional development; Promoting teaching as a career; Teacher performance management; All-age, system-wide Transformation of the education and training system in Wales; 21 st Century Schools programme; Medical Education (except for post graduate training); 19

20 Deputy Minister for Skills Sector skills strategies; Sector Skills Councils relicensing, performance and development; Sector skills development funds; Work with Sector Skills Councils and stakeholders on the development and piloting of Apprenticeship frameworks including Shared Apprenticeship model, Apprenticeship Clearing House, Young Recruits,Apprenticeship Unit, Apprenticeship pathways; Wales Employment and Skills Board and the Commission for Employment and Skills; Vocational qualifications for all ages; Key and basic skills qualifications for all ages; Basic skills for all ages (except in the workplace); Implementation of the Credit and Qualifications Framework for Wales; Basic skills in the workplace, including the Basic Skills Employer Pledge; Wales TUC Learning Services and Wales Union Learning Fund; Chwarae Teg; ESF priorities 2 and 3 relating to in- work skills development and higher level skills; Leadership and Management Skills development; Investors in People; Proact and its successor programme; Simplification and integration of business skills and business development services; Development, retention and attraction of higher level research students for Wales; React; Workforce Development Programme; Maximisation of economic benefits of higher education research and development; Programmes designed to support businesses to develop the skills of their workforce.this includes support for individuals and businesses and for strategic partnerships with key national and sectoral stakeholders; Workforce skills development, including support for individuals and businesses and for strategic partnerships with key stakeholders such as Sector Skills Councils and the Wales Employment and Skills Board in respect of assessing skills demand; Worldskills; 20

21 NEETS; Youth and Young Adult Employment; Prisoner learning; Apprenticeship and Skillbuild policy and delivery; Skills That Work For Wales Strategy and Action Plan; Joint Employment Delivery Board for Wales including Labour Market Framework; ESF Priority 1 and for employability, Priority 2 Quality Effectiveness Framework in further education, work-based and lifelong learning; Work with stakeholders on the development and piloting of employability programmes, including Skillbuild; Young People s Guarantee; Lead Ministers retain responsibility for those functions allocated to Deputy Ministers for the purposes of representing those issues in Cabinet. For all other purposes, Deputy Ministers deliver those responsibilities on a day to day basis including answering AQs. 21

22 Counsel General The Counsel General s statutory responsibilities under Government of Wales Act 2006; Relations with the Law Officers elsewhere; Responding to consultations on non-devolved legal matters on behalf of the Welsh Government; and Where appropriate expressing a view on behalf of the Welsh Government on issues pertaining to legal issues. 22

23 Matters which are wholly reserved to the UK Government The Assembly has no direct powers as regards any of the following matters and therefore Ministers should not be asked to answer questions on these areas. This is not intended to be a comprehensive list, and is supplied for indicative purposes only. Any matter relating to an area wholly outside Wales or the sea surrounding Wales, except (i) the activities of certain privatised water companies in England; (ii) any matter relating to the Welsh language; Any matter listed in the previous section as non-devolved; Any matter dealing with or requiring new or amended primary legislation; Taxation (except local taxation), fiscal, macroeconomic and monetary policy; Royal matters, including honours and appointments bestowed by Her Majesty; Regulation of banking and other financial services; Defence, the Armed Forces and the Security and Intelligence Services; Foreign policy; Criminal justice and policing; Prisons and penal policy; The civil justice system, and the provision of legal aid; Immigration and nationality; The electoral franchise and the conduct of elections, except certain functions relating to the administration of elections to the Assembly; The provision of social security benefits and state pensions; Regulation of the privatised utilities, except certain privatised water companies operating in Wales (see above); Energy consent powers under Section 36 and Section 37 of the Electricity Act 1989 are not devolved to the Welsh Government. Section 36 of the Electricity Act 1989 provides the consenting powers for the construction etc. of generating stations of more than 50 megawatts (MW) as they relate to on-shore project Wales and greater than1 MW in Welsh waters. Section 37 of the Electricity Act 1989 which provides the consenting powers for overhead lines, only in so far as it relates to the construction of generating stations in Wales or Welsh waters under Section 36 of the Electricity Act 1989; Competition policy, including monopolies, mergers and trading standards; The Post Office and postal services; Company law ; Intellectual property, patents, trademarks and copyright; Health and safety at work; Bank and public holidays; Rail, air and sea transport, and the regulation of inland waterways (Responsibility for Transport policy, including the promotion of integrated transport, road transport, including construction of new trunk roads in Wales and the maintenance of existing ones, except those parts of the Second Severn Crossing and the approaches thereto which are situated in Wales (not devolved) (NB roads other than trunk roads are the responsibility of local authorities) rests with the Minister for Local Government and Communities); 23

24 The National Lottery, except as regards certain activities of the distribution bodies (see above); The media and broadcasting, including broadcasting in the Welsh language and the activities of Sianel Pedwar Cymru (S4C). 24